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2021 DIGILAW 359 (HP)

Avinash v. State Of Himachal Pradesh

2021-06-24

CHANDER BHUSAN BAROWALIA

body2021
JUDGMENT Chander Bhusan Barowalia, J. - The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 22 of 2021, dated 14.02.2021, under Section 21 of the ND&PS Act, registered at Police Station Damtal, District Kangra, H.P. 2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of the place. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail. 3. Police report stands filed. As per the prosecution story, on 14.02.2021, a police team was on routine patrol duty and at about 03:20 p.m., when the police team was near Sheetla Mata Temple, Damtal, a person was spotted coming on foot from the side of Sheetla Mata Temple, who on seeing the vehicle of the police, took a slew and immediately threw something in the bushes. On suspicion, the police nabbed the above person. Police associated an independent witness, in whose presence the nabbed person disclosed his name as Avinash (petitioner herein). Police searched and found a polythene packet in the bushes, which was thrown by the petitioner and on checking the same, it contained some brownish substance. The recovered substance was examined through Drug Detection Kit, which was found to be heroin weighing 6.87 grams. Thereafter, the police completed all the codal formalities. Statements of the witnesses were recorded under Section 161 Cr.P.C. and the spot map was prepared. The petitioner was arrested and medically examined. The recovered contraband, on being chemically examined, was found to be Diacetyle Morphine (heroin). As per the police, investigation in the matter stands complete and challan stands presented in the learned Trial Court. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence, there is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice or tamper with the prosecution witnesses, so the bail application of the petitioner be dismissed. 4. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence, there is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice or tamper with the prosecution witnesses, so the bail application of the petitioner be dismissed. 4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully. 5. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of the place. He has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, especially when investigation is complete, challan stands presented in the learned Trial Court and also considering the fact that the custody of the petitioner is not at all required by the police, so the bail application may be allowed and the petitioner be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence. He has further argued that in case the petitioner is enlarged on bail, at this stage, he may flee from justice or may tamper with the prosecution evidence. He has prayed that the bail application of the petitioner be dismissed. 6. In rebuttal the learned Counsel for the petitioner has argued that the petitioner is behind the bars for the last more than four months and cannot be kept behind the bars for an unlimited period, especially when investigation is complete, challan stands presented in the learned Trial Court and the fact that the custody of the petitioner is not at all required by the police, so the application be allowed and the petitioner be enlarged on bail. 7. 7. At this stage, considering the facts that the petitioner is permanent resident of the place, thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, the investigation in the matter is complete, even chalan stands presented in the learned Trial Court, custody of the petitioner is not at all required by the police, also considering the quantity of the recovered contraband, i.e., 6.87 grams, the facts that the petitioner is ready and willing to abide by the terms and conditions of bail, in case granted and also the overall facts and circumstances of the case and without discussing them elaborately, at this stage, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police in case FIR No. 22 of 2021, dated 14.02.2021, under Section 21 of the ND&PS Act, registered at Police Station Damtal, District Kangra, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Investigating Officer or Court. 8. In view of the above, the petition is disposed of. Copy dasti.